Class Action Lawsuit
— Bud & Dorie Day Patriots' Trail —
Many times, Bud wondered what God was saving him for, and perhaps the answer came more than twenty years after he retired from the Air Force. In 1995, the government Bud Day had suffered so greatly to defend as a Prisoner of War, violated its promise and terminated free medical care for retired WWII and Korean veterans. Then a practicing lawyer, Col. Day was outraged and insulted: "This was a plain, disloyal breach of contract!" From an attorney's perspective, the case was not very complicated. For many generations, the United States government had promised enlisting members of the armed forces that if they completed 20 years of active duty military service, they would receive a retirement package comprised of 50% pay and free medical benefits for life. This agreement was universally understood, and no one ever questioned the U.S. government's commitment to it. At least not until 1995, when these aging veterans were told they would have to start paying for their medical care.
Ever the warrior, Bud Day stepped forward on behalf of an estimated
An even greater injustice occurred when a Federal District Court judge in Pensacola, Florida, turned his back on basic contract law and stated that despite all the evidence of the federal government's promises of free lifetime medical care, these commitments amounted only to a “gratuity,”, and that the government's pledge amounted to nothing more than a moral obligation, and not a legal duty.
Col. Day appealed the District Court's ruling to a three-judge panel at the Federal Circuit Court of Appeals in Washington, D.C. In February, 2001, Day won his appeal, briefly securing justice for a rehearing before the entire eleven-member Circuit
On March 6, 2002, Col. Day argued before one of the highest courts in the land. He argued with the passion and tenacity one would expect from a combatant of his caliber, while wearing his Medal of Honor.
In November of 2002, with the help of strong and determined leaders in the United States Congress, including his POW cell-mate, Sen. John McCain of Arizona, Bud Day promoted legislation called TRICARE for Life.
Col. Day's TRICARE legislation largely provided the comprehensive healthcare protections the federal courts had earlier denied America's
Erected 2015 by the City of Fort Walton Beach & Greater Fort Walton Beach Chamber of Commerce. (Marker Number 13.)
Topics. This historical marker is listed in these topic lists: Military • Patriots & Patriotism • Science & Medicine.
Location. 30° 25.016′ N, 86° 36.086′ W. Marker is in Fort Walton Beach, Florida, in Okaloosa County. Marker can be reached from Oregon Drive NE when traveling west. Touch for map. Marker is in this post office area: Fort Walton Beach FL 32548, United States of America. Touch for directions.
Other nearby markers. At least 8 other markers are within walking distance of this marker. Dorie's POW Negotiations (about 400 feet away, measured in a direct line); Prisoner of War (about 500 feet away);
Credits. This page was last revised on December 31, 2020. It was originally submitted on December 30, 2020, by Mark Hilton of Montgomery, Alabama. This page has been viewed 43 times since then and 6 times this year. Photos: 1, 2, 3, 4. submitted on December 30, 2020, by Mark Hilton of Montgomery, Alabama.